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IN RE PARAMOUNT PUBLIX CORPORATION

No. 85.

86 F.2d 735 (1936)

In re PARAMOUNT PUBLIX CORPORATION. CIRCLE THEATRE CO. et al. v. PARAMOUNT PICTURES, Inc.

Circuit Court of Appeals, Second Circuit.

December 7, 1936.

Attorney(s) appearing for the Case

Samuel Spring, of New York City, for appellants.

Root, Clark, Buckner & Ballantine, of New York City (Henry J. Friendly, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The disputed claim is based upon a contract of guaranty made by the debtor with respect to two theater leases, in which the claimants were landlords and the tenant whose obligations were guaranteed was lessee. The tenant defaulted in payment of the rent, payable in advance, for the month of January, 1933, and abandoned the premises at the close of business on January 30th. Thereupon the landlords entered and took possession. They operated the...

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